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(영문) 서울동부지방법원 2016.04.20 2015가단38676 (1)
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the judgment on the loan case No. 2014Na21818, Seoul Eastern District Court.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff as Seoul East Eastern District Court 2013Kadan10964, and the first instance court rendered a judgment in favor of the Plaintiff on May 16, 2014, and the Plaintiff appealed as Seoul Eastern District Court 2014Na21818.

B. On June 17, 2015, the appellate court revoked the judgment of the first instance, and rendered a judgment that “the Plaintiff shall pay to the Defendant 51,00,000 won and interest thereon at the rate of 5% per annum from April 7, 2013 to June 17, 2015, and at the rate of 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive on July 9, 2015.

C. After doing so, the Plaintiff intended to pay the above judgment amount and auction expenses to the Defendant, but the Defendant’s creditor C applied for a seizure and collection order as to the foregoing judgment claim under Seoul Eastern District Court 2015TTT 9159, and the collection order was served on the Plaintiff on July 1, 2015.

Accordingly, on September 11, 2015, the Plaintiff deposited the above judgment amount and the auction expenses with the Sungwon District Court Sung-nam Branch 3406 in gold No. 2015.

(61,304,389 won = Principal and Interest of the Judgment = KRW 58,978,355 won for auction expenses of KRW 2,326,034) / [Grounds for recognition] Class A 1, 2, 4, 5, 7, and 8 (including additional numbers), and the purport of the whole pleadings.

2. According to the above facts of recognition, since the plaintiff's obligation to the defendant under the judgment of this case was extinguished by the above repayment deposit, compulsory execution based on the judgment of this case shall be dismissed.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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